The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-11-30
L. Q. c. LAMAR ON LAND
His Views on the Adjustment
of Railroad Grants.
GOOD WORD FOR THE SETTLER.
Grants Has Given Rise to an
Enormous Abuse.
Adjustment Of Railroad Land Grants

Adjustment Of Railroad Land Grants
WAsHINGToE, November 80. - The
meet important feature Of Secretary
Lamar's annual report is that part re-
lating to the adjustment of railroad
land grants. 1t reads as follows:
shortly after my appointment, when
I became somewhat familiar with the
public land system and the workings
thereof, 1 became impressed with the
fact that the public domain was being
diverted from its legitimate purpose
and converted to objects, the inevitable
effects of which were repugnant to the
theory On which the land system was
based. Apart from the methods
of illegal appropriation of the
public domain, effected through
the pervers Oh OF several laws for &C
acquiring title thereto, became cou-
WINGED that the administration of
Congressional grants to wagon and
rail roads had given rise to an enormou
abuse. Congress had not only maze
grants which, in some instances, ex-
ceeded in extent the area of a half
dozen of the largest and most populoUs
States of the Union, but, in addition,
had provided that any losses of land
within the granted limits shonld
be satisfied by selections of ianIs
within adjoining limits, thus nearly
doubling the area of the original
grant. Under these acts, the
Land Department had withdrawn
from public appropriation, not only the
granted limits SIS required by law, but
also lands within the indemnity limits
at the request of the grantee cOmpa-
MES. This enormous quantity of public
lands was held in reservation, to await
the convenience of the corporations in
the construction of their roads, in the
selections of its lands, and the uncertain
adjustments of grants by the depart
ment. | do not mean 10 question the
wisdom of aiding in the construction Of
railroads. That policy was at the time
d wise one, bur in the light of ex-
fperience, it may well be asked
whether 1t would net have been better
to have aiGed these great enterprises
otherwise than by or .nts OF public do.
main. Though much good has been
wrought, the legislation by which these
vast territories passed under the do
miniOu of the railroad companies gave
an incalculable wound to the home
stead Scheme before that scheme had
fair opportunity of displaying its beneh-
cent effects. This land grant legislation
was certainly not IN harmony with the
theory of the distribution of the public
domain among the people, ana gave 10
capitalists. for traffic and speculation
and gigantic financial schemes, what
was By the original policy
of the government designed to
Ee homes for an industrious and thrifty
people ,abodes of domestic happinessaDd
virtue. Notwithstauding these, indem
nity Withdrawals were made exclusively
for the interests of the companies. Few
of these, if any, constructed their roads
within the time prescribed in the grant
ing act, as an express condition on
which the grant was made. Maps of
probable 'general,' designated
and definite routes of roads
were filed with rapid1ty IN
the department and the Withdrawals
Hereunder were asked and almost In
vsrisbly granted, until the public lands
IN the States and Territories were grid
ironed over with railroad grants and
in6emu nifty limits, and in many instances
the limits of one road overlapping end
conflicting with other roads in q most
bewilGering manner, so that the settler
seeking a home could scarcely find
desirable location that was not claimed
by some one or perhaps two or three
roads. to which grants OF land had been
made, Though the desired tract might
not be apparently covered by railroad
location, the settler would hardly sell CT
it before the agents of the corporations
WouId set up claim TO IL or to the
right to occupy and denude 1t, under
the right-of-way and construction
privileges conferred by the granting
at. Thus the settler, ignorant OF his
l%gal rights and no one to advise him
with respect to either the law or the
facts. would, for the sake of peace,
res lily consent to a purchase from the
company. In this way. these corpora
tons, 10 addition to the lands granted
to them, have sold and received the
price of great deal of other land TO
which they had neither a legal or 9
moral right. The confusion, hardship
and imp position practiCed on settlers were
greatly increased by the bold schemes of
corporate agents, where Withdrawals
were made of lands to which the legal
title of companies had not attached.
and which afterwards remained in the
same condition for years through the
failure of Congress to make necessary
for surveys. When,
however, through partial surveys or
adjustments of grants, the lands thus
sold by COMPANY were found to be
outside of the grants and determined
by the department to be public land,
the purchaser from a company found
himself in the unfortunate predicsment
of having lost both his land and his
money. Generally without means to
enter into costly litigation with a
powerful corporation, the 0epa-
walton of his home, expenditure
aud waste of his years of energy
and strength, in redeeming that
home from its wild condition, rem
dered his merely technical right OF &C
ton against the company but little
more than a mockery- Years have
elapsed since many of the grants have
been made. and others since with
drawal. Companies have constructed
the entire line of their road, others
portions only. and others
again none at all, but Withdrawals of
off